HomeMy WebLinkAboutR-17-0476City of Miami
Resolution R-17-0476
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 2826 Final Action Date: 9/28/2017
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING THE CLOSING AND VACATION OF A PORTION OF A PUBLIC
ALLEY FOR THE PROPERTY LOCATED ALONG THE WEST SIDE OF
NORTHWEST 42 AVENUE (LE JEUNE ROAD) FROM WEST FLAGLER
STREET TO NORTHWEST 1 STREET, MIAMI, FLORIDA, MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A."
WHEREAS, certain property is currently being re -platted pursuant to Keystone Havana
Club Tentative Plat (#1897); and
WHEREAS, the purpose of the re -plat is for the vacation and closure of a portion of a
public alley that bisects two (2) parcels located between Northwest 42 Avenue and Northwest
43 Avenue, Miami, Florida, more particularly described in Exhibit "A" ("Public Alley"); and
WHEREAS, the purpose of the vacation and closure of the Public Alley is to allow a
cohesive development of the abutting parcels and to permit the construction of a mixed -use
structure; and
WHEREAS, the applicant proposes to maintain a three (3) dimensional public access
easement in the original footprint of the Public Alley, while providing the same level of ingress
and egress access for the public; and
WHEREAS, the Plat and Street Committee, at its meeting on May 4, 2017, reviewed the
Alley Closure application and determined that all technical requirements have been met and, by
a vote of six to zero (6-0), recommended approval of the vacation and closure of the Public
Alley; and
WHEREAS, the Department of Public Works and the Plat and Street Committee
reviewed the subject vacation and closure and determined that it will not affect pedestrian or
vehicular traffic circulation or access for public service; and
WHEREAS, the Planning, Zoning and Appeals Board reviewed the subject vacation and
closure and determined that it will not affect pedestrian or vehicular traffic circulation or access
for public service; and
WHEREAS, the Planning, Zoning and Appeals Board recommended approval, with
conditions, on July 19, 2017 by a vote of ten to one (10-1); and
WHEREAS, based on the testimony and evidence presented, after due notice, and an
opportunity to be heard has been afforded to all parties and members of the public, there is
substantial evidence in the record to recommend approval of the vacation and closure of a
portion of the Public Alley, with the condition that a three (3) dimensional public access
City of Miami Page 1 of 2 File ID: 2826 (Revision: A) Printed On: 3/24/2025
File ID: 2826 Enactment Number: R-17-0476
easement in the original footprint of the Public Alley that provides the same level of ingress and
egress access for the public is maintained, and it is deemed advisable to do so.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The Miami City Commission approves the vacation and closure of a portion
of the Public Alley with the condition that a three (3) dimensional public access easement in the
original footprint of the Public Alley that provides the same level of ingress and egress access
for the public is maintained.
Section 3. The approval for the vacation and closure of a portion of the Public Alley is
valid for a period of four (4) years and shall remain independent of the referenced tentative plat
during this period.
Section 4. The approved final plat shall be recorded within the four (4) year approval
period of the requested vacation and closure.
Section 5. This Resolution shall become effective immediately upon its adoption.'
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attor ey 10/16/2017
1 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File ID: 2826 (Revision: A) Printed on: 3/24/2025